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§58-215.


§58-215.
   
   A. The special administrator must collect and preserve for the
   executor or administrator all the goods, chattels, debts and effects
   of the decedent, all incomes, rents, issues and profits, claims and
   demands, of the estate, must take the charge and management of, and
   enter upon and preserve from damage, waste and injury, the real
   estate, and for such and all other necessary purposes may commence and
   maintain or defend suits and other legal proceedings, as an
   administrator; he may sell such perishable property as the district
   court may order to be sold, and exercise such other powers as are
   conferred upon him by his appointment, but in no case is he liable to
   an action by any creditor on a claim against the decedent. He may
   obtain leave to borrow money, or to lease or mortgage real property,
   in the same manner as a general administrator.
   
   B. If an executor or administrator is not appointed within sixty (60)
   days following the appointment of a special administrator, upon
   application to and approval by the court, the special administrator
   may, as provided by statute, give notice to creditors and, upon
   receipt of creditor's claims as required by statute, pay, with the
   approval of the probate court, such claims.
   

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